Current through Register Vol. 46, No. 12, March 20, 2024
(a)
The term sparkling devices shall have the meaning ascribed to
that term by section
270.00(1)(a)(vi) of the
Penal Law, and shall include ground-based or hand-held devices
(as defined in paragraph (1) of this subdivision) and
novelties (as defined in paragraph (2) of this subdivision).
In addition, for purposes of this Chapter, sparkling devices
shall be considered consumer fireworks consistent with the 19 NYCRR Part 1219,
Uniform Fire Prevention and Building Code.
(1) Ground-based or hand-held devices. The
term
ground-based or hand-held devices shall include the
category of devices described in section
270.00(1)(a)(vi)(1) of
the Penal Law,
i.e.: ground-based or hand-held devices that
produce a shower of white, gold, or colored sparks as their primary pyrotechnic
effect. Additional effects may include a colored flame, an audible crackling
effect, an audible whistle effect, and smoke. These devices do not rise into
the air, do not fire inserts or projectiles into the air, and do not explode or
produce a report (an audible crackling-type effect is not considered to be a
report). Ground-based or hand-held devices that produce a cloud of smoke as
their sole pyrotechnic effect are also included in this category. Specific
types of devices in this category include the following:
(i) Cylindrical fountain. Cylindrical tube
containing not more than 75 grams of pyrotechnic composition that may be
contained in a different shaped exterior such as a square, rectangle, cylinder
or other shape but the interior tubes are cylindrical in shape. Upon ignition,
a shower of colored sparks, and sometimes a whistling effect or smoke, is
produced. This device may be provided with a spike for insertion into the
ground (spike fountain), a wood or plastic base for placing on the ground (base
fountain), or a wood or cardboard handle to be hand held (handle fountain).
When more than one tube is mounted on a common base, total pyrotechnic
composition may not exceed 200 grams, and when tubes are securely attached to a
base and the tubes are separated from each other on the base by a distance of
at least half an inch (12.7 millimeters), a maximum total weight of 500 grams
of pyrotechnic composition shall be allowed.
(ii) Cone fountain. Cardboard or heavy paper
cone containing not more than 50 grams of pyrotechnic composition. The effect
is the same as that of a cylindrical fountain. When more than one cone is
mounted on a common base, total pyrotechnic composition may not exceed 200
grams.
(iii) Wooden sparkler/dipped
stick. These devices consist of a wood dowel that has been coated with
pyrotechnic composition. Upon ignition of the tip of the device, a shower of
sparks is produced. Sparklers may contain up to 100 grams of pyrotechnic
composition per item.
(2) Novelties. The term
novelties shall include the category of devices described in
section
270.00(1)(a)(iv)(2) of
the Penal Law,
i.e.: novelties which do not require approval
from the United States Department of Transportation and are not regulated as
explosives, provided that they are manufactured and packaged as described
below:
(i) Party popper. Small devices with
paper or plastic exteriors that are actuated by means of friction (a string or
trigger is typically pulled to actuate the device). They frequently resemble
champagne bottles or toy pistols in shape. Upon activation, the device expels
flame-resistant paper streamers, confetti, or other novelties and produces a
small report. Devices may contain not more than 16 milligrams (0.25 grains) of
explosive composition, which is limited to potassium chlorate and red
phosphorus. These devices must be packaged in an inner packaging which contains
a maximum of 72 devices.
(ii)
Snapper. Small, paper-wrapped devices containing not more than one milligram of
silver fulminate coated on small bits of sand or gravel. When dropped, the
device explodes, producing a small report. Snappers must be in inner packages
not to exceed 50 devices each, and the inner packages must contain sawdust or a
similar, impact-absorbing material.
(b)
Distributor. The term
distributor means any person or entity engaged in the business
of selling sparkling devices to wholesalers, specialty retailers, permanent
retailers or temporary seasonal retailers for resale.
(c)
Manufacturer. The term
manufacturer means any person or entity engaged in the
manufacture or construction of sparkling devices.
(d)
Specialty retailer. The
term specialty retailer means any person or entity who, at a
fixed place of business, is engaged solely in selling sparkling devices at
retail. For purposes of this Part, a person or entity is engaged solely in
selling sparkling devices if 51 percent or more of such person's or entity's
annual gross sales are from the sale of sparkling devices.
(e)
Permanent retailer. The
term permanent retailer means any person or entity who, at a
fixed place of business, is engaged in selling sparkling devices at
retail.
(f)
Temporary
seasonal retailer. The term temporary seasonal
retailer means any person or entity who, at a temporary stand or tent,
is engaged in selling sparkling devices from June 20th through July 5th or from
December 10th through January 2nd of each year at retail.
(g)
Wholesaler. The term
wholesaler means any person or entity engaged in the business
of selling sparkling devices to specialty retailers, permanent retailers or
temporary seasonal retailers at wholesale.
(h)
Authority having
jurisdiction. The term authority having jurisdiction
shall mean the state, city, town, village, county or other governmental unit or
agency responsible for administration and enforcement of the Uniform Fire
Prevention and Building Code with respect to a building or structure.
